1994 Legislative Session: 3rd Session, 35th Parliament
THIRD READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


Certified correct as passed Third Reading on the 15th day of June, 1994
Ian D. Izard, Law Clerk.


HONOURABLE COLIN GABELMANN
ATTORNEY GENERAL

BILL 49 -- 1994

ATTORNEY GENERAL STATUTES

AMENDMENT ACT, 1994

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

 
Builders Lien Act

1 Section 41 of the Builders Lien Act, R.S.B.C. 1979, c. 40, is repealed.

 
Creditor Assistance Act

2 Section 20 of the Creditor Assistance Act, R.S.B.C. 1979, c. 80, is repealed.

3 Section 50 is repealed and the following substituted:

Fees

50 In addition to the fees otherwise payable under this Act, there shall be paid to the district registrar, on the filing of an affidavit of claim or on the issue or renewal of a certificate, the fee prescribed by the Lieutenant Governor in Council for that service.

 
Evidence Act

4 Section 15 (2) of the Evidence Act, R.S.B.C. 1979, c. 116, is amended by striking out "a fee of $1" and substituting "the fee prescribed by the Lieutenant Governor in Council".

5 Section 53 (1) is amended by striking out "as fees for any certified copy, 25 per folio of 100 words" and substituting "the fee prescribed by the Lieutenant Governor in Council for any certified copy".

 
Income Tax Act

6 Section 26 (6) of the Income Tax Act, R.S.B.C. 1979, c. 190, is amended by striking out "a fee of $15" and substituting "the prescribed fee".

 
Land Title Act

7 Section 73 of the Land Title Act, R.S.B.C. 1979, c. 219, is amended by adding the following subsections:

(3.1) No person shall grant an undivided fractional interest in a freehold estate in land or a right to purchase an undivided fractional interest in a freehold estate in land where the estate that is granted to or that may be purchased by the grantee is

(a) a fee simple estate upon condition subsequent, or

(b) a determinable fee simple estate that is or may be defeated, determined or otherwise cut short on the failure of the grantee to observe a condition or to perform an obligation relating to a right to occupy an area less than the entire parcel of the land.

(3.2) Subsection (3.1) does not apply to land if an indefeasible title to or a right to purchase an undivided fractional interest in

(a) a fee simple estate upon condition subsequent in the land of the kind described in subsection (3.1), or

(b) a determinable fee simple estate in the land of the kind described in subsection (3.1) was registered before May 30, 1994.

 
Liquor Control and Licensing Act

8 Section 18 (2.1) of the Liquor Control and Licensing Act, R.S.B.C. 1979, c. 237, is repealed and the following substituted:

(2.1) Subsections (1) and (2) do not apply to a person who operates, in accordance with the regulations,

(a) a brew pub and an establishment, licensed under section 11, that is operated in conjunction with and at the same site as the brew pub, with respect to liquor manufactured on the premises,

(b) a winery and an establishment, licensed under section 11, that is operated in conjunction with and at the same site as the winery, with respect to liquor manufactured on the premises,

(c) a distillery and an establishment, licensed under section 11, that is operated in conjunction with and at the same site as the distillery, with respect to liquor manufactured on the premises, or

(d) a brewery and an establishment, licensed under section 11, that is operated in conjunction with and at the same site as the brewery, with respect to liquor manufactured on the premises.

9 Section 46 is amended by adding the following subsection:

(3) Subsection (2) does not apply in respect of liquor sold at a brew pub, winery, distillery, brewery or establishment referred to in section 18 (2.1) that is operated in accordance with the regulations.

10 Section 84 (2) is amended by striking out "and" at the end of paragraph (m), by adding ", and" at the end of paragraph (n) and by adding the following:

(o) imposing terms and conditions on licences issued, or to be issued, to liquor manufacturers, with power to impose different terms and conditions on licences issued or to be issued to different classes of liquor manufacturers.

 
Municipal Act

11 Section 934.1 of the Municipal Act, R.S.B.C. 1979, c. 290, is amended

(a) by repealing subsection (2) and substituting the following:

(2) If a council or regional board has designated a bylaw under subsection (1), a bylaw enforcement officer may lay an information by means of a ticket for contravention of the bylaw. ,

(b) by adding the following subsections:

(4.1) The bylaw enforcement officer must serve the ticket on the person alleged to have contravened the bylaw.

(4.2) Service of a ticket under subsection (4.1) may be effected by

(a) serving a copy of the ticket on the person alleged to have contravened the bylaw immediately after the alleged contravention, or

(b) causing a copy of the ticket to be served in the same manner as a summons may be served under the Offence Act.

(4.3) Service of a ticket under subsection (4.1) may be proved by

(a) the oral evidence given under oath of the person who served it, or

(b) the certificate of the person who served the ticket, if the certificate is endorsed on the ticket or a copy of the ticket.

(4.4) The certificate referred to in subsection (4.3) is proof of the facts stated in the certificate and of the authority of the person who signed it without further proof of the person's appointment or signature. ,

(c) by repealing subsection (6) and substituting the following:

(6) If a fine set in accordance with subsection (10) is indicated on a ticket for an offence charged, the person on whom the ticket is served may, within 14 days after the date of service,

(a) pay the fine indicated on the ticket to the council or regional board in accordance with the prescribed instructions, or

(b) dispute the allegation contained in the ticket by

(i) delivering or having delivered to the address set out in the ticket a written notice of dispute, or

(ii) appearing in person at the location set out in the ticket to give notice of dispute.

(6.1) A notice of dispute under subsection (6) must contain an address for the person disputing the allegation and sufficient information to identify the ticket and the alleged contravention being disputed.

(6.2) For the purpose of subsection (6), a notice of dispute that is delivered by mail is deemed to have been delivered on the date on which it was mailed. ,

(d) by adding the following subsection:

(7.1) If notice of dispute is given in accordance with subsection (6), the council or regional board must refer the ticket to the Provincial Court for a hearing. ,

(e) by repealing subsection (8) and substituting the following:

(8) If a ticket is referred to the Provincial Court for a hearing under subsection (7.1), the clerk of the court must send to the person who was served with the ticket, by ordinary mail to the person's address set out in the notice of dispute, a notice of the hearing specifying a time and place for the appearance of the person before a justice. ,

(f) by adding the following subsection:

(8.1) If a person appears before a justice at the time and place specified in the notice of the hearing referred to in subsection (8), section 51 of the Offence Act does not apply to the person and the justice has jurisdiction to hear the dispute without examining the notice of dispute or the notice of the hearing or inquiring into the service of the ticket on the person. ,

(g) in subsection (9) (b) (i) by striking out "the notice referred to in subsection (8)," and substituting "the notice of the hearing referred to in subsection (8),", and

(h) by adding the following subsections:

(12) If a person fails to appear before a justice to dispute a charge at the time and place specified in the notice of the hearing referred to in subsection (8), the person may, within 30 days after the date specified in the notice, appear before a justice for a determination of whether or not the failure to appear was the person's fault.

(13) If a person appears before a justice under subsection (12) and the justice is satisfied by affidavit in the prescribed form that the failure to appear was not the person's fault, the justice must

(a) strike out the conviction, if any, and

(b) set a new time and place for the appearance of the person before a justice.

(14) If a conviction is struck out under subsection (13), the justice must give the defendant a certificate of the fact in the prescribed form.

(15) If a person fails to appear before a justice to dispute a charge at the time and place specified in the notice of the hearing referred to in subsection (8) or at a new time and place set under subsection (13), as the case may be, the person is deemed not to have disputed the charge.

(16) If a person is deemed under subsection (15) not to have disputed the charge, a justice must examine the ticket and must,

(a) if the ticket is complete and regular on its face,

(i) convict the person in the person's absence and without a hearing, and

(ii) impose the fine set under subsection (10) for the offence charged, or

(b) if the ticket is not complete and regular on its face, quash the proceeding.

(17) Nothing in subsection (15) or (16) is to be construed as abrogating the right of a person to appeal the conviction under section 92 of the Offence Act.

12 Section 934.2 is amended by repealing subsections (1) to (4) and substituting the following:

(1) If

(a) a person served with a ticket under section 934.1 does not, as provided for in that section, pay the fine or dispute the charge, and

(b) at least 14 days have elapsed after the ticket was served on the person, the person is deemed not to have disputed the charge.

(2) Where a person is deemed under subsection (1) not to have disputed the charge, a justice, on being satisfied that the conditions set out in that subsection have been met, must examine the ticket and must,

(a) if the ticket is complete and regular on its face,

(i) convict the person in the person's absence and without a hearing, and

(ii) impose the fine set under section 934.1 (10) for the offence charged, or

(b) if the ticket is not complete and regular on its face, quash the proceeding.

(2.1) The conditions set out in subsection (1) may be proved to the satisfaction of the justice by oral evidence given under oath or by affidavit in the prescribed form.

(3) If a person who is served with a ticket has, through no fault of that person, not had an opportunity to dispute the charge and if not more than 30 days have elapsed since the expiry of the period referred to in section 934.1 (6), the person may appear before a justice.

(4) If a person appears before a justice under subsection (3), the justice, on being satisfied of the facts by affidavit in the prescribed form, must strike out the conviction, if any, and allow the person 14 days after the date on which the conviction is struck to dispute the charge in accordance with section 934.1 (6).

13 Section 934.3 is amended

(a) by adding the following paragraphs:

(b.1) prescribing the form of a certificate of service for the purpose of section 934.1 (4.3),

(b.2) prescribing instructions for paying a fine for the purpose of section 934.1 (6) (a),

(b.3) prescribing the form of affidavits for the purposes of section 934.1 (13) and section 934.2 (2.1) and (4), , and

(b) in paragraph (d) by striking out "section 934.2 (5)." and substituting "sections 934.1 (14) and 934.2 (5)."

 
Provincial Court Act

14 Section 7 (1) and (2) of the Provincial Court Act, R.S.B.C. 1979, c. 341, is repealed and the following substituted:

(1) A judge shall be paid, out of the consolidated revenue fund, a salary

(a) recommended by a report laid before the Legislative Assembly under section 7.1 (8), or

(b) if a resolution is passed by the Legislative Assembly under section 7.1 (9), fixed by the resolution.

(2) A recommendation referred to in subsection (1) (a) or a resolution referred to in subsection (1) (b) may fix different salaries for different responsibilities.

15 Section 7.1 is repealed and the following substituted:

Judicial Compensation Committee

7.1 (1) On or before January 1, 1995 and on or before January 1 in every third year after that, 5 individuals shall be appointed, in accordance with subsection (2), to form a committee to be known as the Judicial Compensation Committee.

(2) The Attorney General shall appoint 2 individuals to each committee formed under subsection (1), the chief judge, after consultation with the Provincial Court Judges Association, shall appoint 2 individuals to each committee formed under subsection (1), and the 4 appointees to a committee shall appoint one other individual to the committee to be the chair of that committee.

(3) An individual appointed to one committee may be reappointed to a subsequent committee.

(4) None of the individuals appointed to a committee shall be a judge or a retired judge or a person employed in the public service or by a Crown corporation, and not more than one of the individuals appointed to a committee by the Attorney General and not more than one of the individuals appointed to a committee by the chief judge shall be a lawyer.

(5) Not later than April 30 following its appointment, the committee shall report to the Attorney General on all matters respecting the remuneration, allowances and benefits of judges and shall make recommendations with respect to those matters for the year in which the recommendations are made and for each of the 2 subsequent years.

(6) In preparing its report and making its recommendations, the committee shall consider

(a) the current financial position of the government,

(b) the need to provide reasonable compensation to the judges,

(c) the need to attract a strong court by attracting qualified applicants,

(d) the laws of the Province, and

(e) any other matter the committee considers relevant.

(7) Before preparing its report and recommendations, the committee may

(a) write and receive submissions,

(b) hold hearings in the manner the committee may decide, and

(c) with the approval of the Attorney General, engage and retain consultants the committee considers necessary.

(8) The Attorney General shall lay the report and recommendations of the committee before the Legislative Assembly and shall advise the Legislative Assembly as to the effect of subsection (10),

(a) if the Legislative Assembly is sitting at the date that the Attorney General receives the report, within 14 days after the date of its receipt, or

(b) if the Legislative Assembly is not then sitting or ceases to sit within 14 days after the date of the report's receipt, within 14 days after the opening of the next session.

(9) The Legislative Assembly may, by a resolution passed within 21 sitting days after the date on which the report and recommendations are laid before the Legislative Assembly under subsection (8),

(a) resolve to reject one or more of the recommendations made in the report as being unfair or unreasonable, and

(b) fix the remuneration, allowances or benefits that are to be substituted for the remuneration, allowances or benefits proposed by the rejected recommendations.

(10) If a recommendation is not rejected by the Legislative Assembly within the time limited by subsection (9), the judges are entitled to receive the remuneration, allowances and benefits proposed by that recommendation beginning on January 1 of the year in respect of which the recommendation was made.

(11) If the Legislative Assembly does resolve to reject a recommendation under subsection (9) (a), the judges are, in respect of that recommendation, entitled to receive the remuneration, allowances and benefits specified by the resolution under subsection (9) (b) beginning on January 1 of the year in respect of which the recommendation was made.

(12) The members of the committee shall be reimbursed for travelling expenses reasonably and necessarily incurred in the discharge of their duties, and, in addition, may be paid remuneration specified by the Lieutenant Governor in Council.

(13) Where a resolution referred to in subsection (9) or a recommendation referred to in subsection (10) conflicts with a provision of this Act, the resolution or recommendation prevails over that provision to the extent of the conflict.

 
Sheriff Act

16 The Sheriff Act, R.S.B.C. 1979, c. 386, is amended by adding the following section:

Access to information

6.1 (1) A sheriff has the right to any information that is in the custody or control of the Superintendent of Motor Vehicles and is necessary to enable the sheriff

(a) to serve any process relating to a civil proceeding, or

(b) to exercise any of the powers or rights or to perform any of the duties described in section 2.1 (1.1) (a) or (b).

(2) If requested, the Superintendent of Motor Vehicles must disclose to a sheriff information described in subsection (1).

 
Tugboat Worker Lien Act

17 Section 5 of the Tugboat Worker Lien Act, R.S.B.C. 1979, c. 417, is amended by renumbering the section as section 5 (1) and by adding the following subsection:

(2) The affidavit filed under subsection (1) shall be accompanied by the fee prescribed by the Lieutenant Governor in Council.

 
Vancouver Charter

18 Section 482.1 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended

(a) by repealing subsection (2) and substituting the following:

(2) If the Council or the Park Board has designated a by-law under subsection (1), a by-law enforcement officer may lay an information by means of a ticket for contravention of the by-law. ,

(b) by adding the following subsections:

(4.1) The by-law enforcement officer must serve the ticket on the person alleged to have contravened the by-law.

(4.2) Service of a ticket under subsection (4.1) may be effected by

(a) serving a copy of the ticket on the person alleged to have contravened the by-law immediately after the alleged contravention, or

(b) causing a copy of the ticket to be served in the same manner as a summons may be served under the Offence Act.

(4.3) Service of a ticket under subsection (4.1) may be proved by

(a) the oral evidence given under oath of the person who served it, or

(b) the certificate of the person who served the ticket, if the certificate is endorsed on the ticket or a copy of the ticket.

(4.4) The certificate referred to in subsection (4.3) is proof of the facts stated in the certificate and of the authority of the person who signed it without further proof of the person's appointment or signature. ,

(c) by repealing subsection (6) and substituting the following:

(6) If a fine set in accordance with subsection (10) is indicated on a ticket for an offence charged, the person on whom the ticket is served may, within 14 days after the date of service,

(a) pay the fine indicated on the ticket to the Council or Park Board in accordance with the prescribed instructions, or

(b) dispute the allegation contained in the ticket by

(i) delivering or having delivered to the address set out in the ticket a written notice of dispute, or

(ii) appearing in person at the location set out in the ticket to give notice of dispute.

(6.1) A notice of dispute under subsection (6) must contain an address for the person disputing the allegation and sufficient information to identify the ticket and the alleged contravention being disputed.

(6.2) For the purpose of subsection (6), a notice of dispute that is delivered by mail is deemed to have been delivered on the date on which it was mailed. ,

(d) by adding the following subsection:

(7.1) If notice of dispute is given in accordance with subsection (6), the Council or the Park Board must refer the ticket to the Provincial Court for a hearing. ,

(e) by repealing subsection (8) and substituting the following:

(8) If a ticket is referred to the Provincial Court for a hearing under subsection (7.1), the clerk of the court must send to the person who was served with the ticket, by ordinary mail to the person's address set out in the notice of dispute, a notice of the hearing specifying a time and place for the appearance of the person before a justice. ,

(f) by adding the following subsection:

(8.1) If a person appears before a justice at the time and place specified in the notice of the hearing referred to in subsection (8), section 51 of the Offence Act does not apply to the person and the justice has jurisdiction to hear the dispute without examining the notice of dispute or the notice of the hearing or inquiring into the service of the ticket on the person. ,

(g) in subsection (9) (b) (i) by striking out "the notice referred to in subsection (8)," and substituting "the notice of the hearing referred to in subsection (8),", and

(h) by adding the following subsections:

(12) If a person fails to appear before a justice to dispute a charge at the time and place specified in the notice of the hearing referred to in subsection (8), the person may, within 30 days after the date specified in the notice, appear before a justice for a determination of whether or not the failure to appear was the person's fault.

(13) If a person appears before a justice under subsection (12) and the justice is satisfied by affidavit in the prescribed form that the failure to appear was not the person's fault, the justice must

(a) strike out the conviction, if any, and

(b) set a new time and place for the appearance of the person before a justice.

(14) If a conviction is struck out under subsection (13), the justice must give the defendant a certificate of the fact in the prescribed form.

(15) If a person fails to appear before a justice to dispute a charge at the time and place specified in the notice of the hearing referred to in subsection (8) or at a new time and place set under subsection (13), as the case may be, the person is deemed not to have disputed the charge.

(16) If a person is deemed under subsection (15) not to have disputed the charge, a justice must examine the ticket and must,

(a) if the ticket is complete and regular on its face,

(i) convict the person in the person's absence and without a hearing, and

(ii) impose the fine set under subsection (10) for the offence charged, or

(b) if the ticket is not complete and regular on its face, quash the proceeding.

(17) Nothing in subsection (15) or (16) is to be construed as abrogating the right of a person to appeal the conviction under section 92 of the Offence Act.

19 Section 482.2 is amended by repealing subsections (1) to (4) and substituting the following:

(1) If

(a) a person served with a ticket under section 482.1 does not, as provided for in that section, pay the fine or dispute the charge, and

(b) at least 14 days have elapsed after the ticket was served on the person, the person is deemed not to have disputed the charge.

(2) Where a person is deemed under subsection (1) not to have disputed the charge, a justice, on being satisfied that the conditions set out in that subsection have been met, must examine the ticket and must,

(a) if the ticket is complete and regular on its face,

(i) convict the person in the person's absence and without a hearing, and

(ii) impose the fine set under section 482.1 (10) for the offence charged, or

(b) if the ticket is not complete and regular on its face, quash the proceeding.

(2.1) The conditions set out in subsection (1) may be proved to the satisfaction of the justice by oral evidence given under oath or by affidavit in the prescribed form.

(3) If a person who is served with a ticket has, through no fault of that person, not had an opportunity to dispute the charge and if not more than 30 days have elapsed since the expiry of the period referred to in section 482.1 (6), the person may appear before a justice.

(4) If a person appears before a justice under subsection (3), the justice, on being satisfied of the facts by affidavit in the prescribed form, must strike out the conviction, if any, and allow the person 14 days after the date on which the conviction is struck to dispute the charge in accordance with section 482.1 (6).

20 Section 482.3 is amended

(a) by adding the following paragraphs:

(b.1) prescribing the form of a certificate of service for the purpose of section 482.1 (4.3),

(b.2) prescribing instructions for paying a fine for the purpose of section 482.1 (6) (a),

(b.3) prescribing the form of affidavits for the purposes of section 482.1 (13) and section 482.2 (2.1) and (4), , and

(b) in paragraph (d) by striking out "section 482.2 (5)." and substituting "sections 482.1 (14) and 482.2 (5)."

 
Woodworker Lien Act

21 Section 3 of the Woodworker Lien Act, R.S.B.C. 1979, c. 436, is amended by renumbering the section as section 3 (1) and by adding the following subsection:

(2) The statement filed under subsection (1) shall be accompanied by the fee prescribed by the Lieutenant Governor in Council.

22 Section 41 is repealed.

Sections 18 and 46 of the Liquor Control and Licensing Act inapplicable to the Victoria Commonwealth Games Society

23 (1) Despite sections 18 and 46 of the Liquor Control and Licensing Act, the Victoria Commonwealth Games Society may, with the approval of the general manager of the Liquor Control and Licensing Branch, enter into agreements, arrangements or concessions, or engage in any other activity referred to in those sections, and those sections do not apply to that society or to persons with whom that society is dealing.

(2) This section is repealed on September 18, 1994.

Transitional

24 For the fiscal year commencing April 1, 1994, money may be expended from the consolidated revenue fund for the purposes of the Judicial Compensation Committee appointed in that fiscal year under section 7.1 of the Provincial Court Act as enacted by section 15 of this Act without an appropriation other than this section.

Commencement

25 (1) Sections 1 to 6, 8 to 13 and 16 to 22 come into force by regulation of the Lieutenant Governor in Council.

(2) Section 7 is deemed to have come into force on the date that this Act receives First Reading in the Legislative Assembly and is retroactive to the extent necessary to give it effect on and after that date.

(3) Section 23 is deemed to have come into force on January 1, 1993 and is retroactive to the extent necessary to give it effect on and after that date.


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